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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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I was arrested about two weeks ago for possession of marijuana.

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I was arrested about two weeks ago for possession of marijuana. I have no prior record, and the marijuana wasn't even mine. I was the only one in the car, so I still got busted for having it. After everything was settled, I talked with the officers for a while, and they told me to plead guilty, but explain how the marijuana was not mine. It's a misdemeanor, and I was wondering if there's any chance I'd get out of this without a misdemeanor on my record. I don't drink, I don't smoke(cigs or pot), and I'm just wondering what to expect going in. Any advice is appreciated.
Welcome and thank you for your question!

I am sorry to learn of these circumstances. Please clarify:

1. Did you know that the marijuana was in the car?

2. How is it that the officers found the marijuana in the car?

3. Do you know what "constructive possession" means?
Customer: replied 4 years ago.
1. I did, because when the officer asked if there was any illegal substances in the car, I had remembered that my friend stashed some in my trunk.

2. I told them where it was.

3. No, sorry. I've never been to court, or arrested before.
Thank you. To clarify: this happened in YOUR car?
Customer: replied 4 years ago.
It's registered to my father.
Thank you.

Because you were in control of the car and because you knew that the marijuana was there, in the eyes of the law, you were in constructive possession of the marijuana. Thus, it's not possible for you to fight to have the charges dismissed.

Separately, you may find it helpful to know, for future reference, that you should never consent to an officer searching your car. Never. Ever. If they want in it that badly, they can go get a search warrant. It is legal for you to say "no."

So, what will happen? Since you do not have a record, you are eligible to have your case disposed of under a Michigan law MCL(NNN) NNN-NNNN/a>. It's often referred to as 7411. Basically, you plead guilty, you are put on probation, if you complete all the terms, the case becomes non-public and you don't have a conviction on your record. If you fail probation, the conviction goes on your record and your driver license will be suspended for six months.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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Thanks,
~~ J.B.
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